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ARCELORMITTAL SA VANDERBIJLPARK STEEL WORK (“AMSA”) MINIMUM EMISSION STANDARDS (MES) DECISION: REQUEST FOR INFORMATION AND REASONS
The Centre for Environmental Rights (CER), acting for the Vaal Environmental Justice Alliance and groundWork, has issued a formal request to the National Air Quality Officer and other authorities for the reasons and supporting documentation behind a decision to partly grant an application by ArcelorMittal South Africa (Vanderbijlpark) (AMSA). The decision relates to the suspension, alternative limits, or postponement of compliance with Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act, 2004.
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Document type: Statement
AMICUS (CENTRE FOR ENVIRONMENTAL RIGHTS) PRACTICE NOTE
The Centre for Environmental Rights (CER), acting as amicus curiae, argues that the KwaZulu-Natal High Court erred in ruling that Tendele Coal Mining (Pty) Ltd did not require a separate environmental authorisation under the National Environmental Management Act (NEMA) for its operations. The CER contends that an Environmental Management Programme (EMP) approved under the Mineral and Petroleum Resources Development Act (MPRDA) is not equivalent to a NEMA authorisation. The CER further argues that the High Court's refusal of interdictory relief based on the existence of alternative remedies under section 28 of NEMA is a dangerous precedent that undermines judicial enforcement of environmental rights. Finally, the CER seeks the overturning of a costs order against the appellants, asserting it creates a chilling effect and ignores the protections for public interest litigants provided in section 32(2) of NEMA.
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Document type: Legal commentary
Lockdown in Kilifi County Kenya: What lies on the other side?
The document details how Kurawa Industries Limited illegally expanded its salt pans in Magarini Sub County, Kilifi, causing saltwater seepage that killed the coconut crops of the Mwangi family. Despite efforts by Natural Justice to secure accountability through Access to Information requests to NEMA and inquiries with the Department of Physical Planning, the company operated without the required permits. The case highlights how COVID-19 lockdowns in Kilifi County have further hindered the agricultural assessment needed for compensation and increased the family's vulnerability by restricting access to water.
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Document type: Case study
UPDATED EXPERT ANALYSIS OF THE AIR QUALITY IMPACTS AND HEALTH EFFECTS DUE TO THE EMISSIONS FROM ESKOMS KENDAL POWER STATION
The Centre for Environmental Rights submitted an updated expert report by Dr. Ranajit Sahu to the Minister of Environment, Forestry and Fisheries regarding Eskom's Kendal power station. The report identifies 2,851 exceedances of the atmospheric emission licence (AEL) limit for particulate matter between April 2016 and March 2020. The authors express concern over Eskom's reporting practices, alleging that contraventions are improperly coded as 'Grace' or 'Section 30' exceedances to avoid shutdown or service. The letter argues that these findings, along with a report by Dr. Andrew Gray on premature deaths, are relevant to the pending decision on Eskom's objection to a compliance notice.
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Document type: Statement
The Commission draft proposal for the modernisation of the Energy Charter Treaty
The briefing critiques the European Commission's draft proposal to modernise the Energy Charter Treaty (ECT), asserting that it fails to adequately protect the EU's regulatory autonomy or shield climate policies from investor-state dispute settlement (ISDS) challenges. It argues that the proposal maintains an outdated focus on investment protection and lacks binding sustainability mechanisms, a requirement to exhaust local remedies, and a specific carve-out for climate response measures. The author concludes that without fundamental shifts—such as differentiating between low-carbon and carbon-intensive investments and establishing a supremacy clause for environmental obligations—the ECT will continue to create a 'chilling effect' on essential environmental and social regulations.
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Document type: Briefing
QUESTIONS & ANSWERS PROVISIONAL MEASURE 910
The document argues that Provisional Measure 910 (MP 910) rewards illegal land occupation and deforestation in Brazil by loosening the rules for granting property titles on federal lands. It highlights that the measure extends simplified regularization to large landholders and pushes back eligibility dates, potentially legalizing lands illegally deforested in the Amazon. The authors contend that MP 910 favors large rural producers over traditional communities and undermines the Forest Code, thereby threatening biodiversity and rainfall patterns.
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Document type: Fact sheet
WWF-AUSTRALIA BUSHFIRE RESPONSE
The document outlines WWF-Australia's two-wave response to the 2019-2020 bushfires. Wave 1 focused on emergency wildlife response, including food drops for brush-tailed rock-wallabies, veterinary triage for koalas, and monitoring the Kangaroo Island dunnart. Wave 2 shifts toward long-term goals: protecting unburnt habitat, advocating for the 'endangered' listing of koalas under the EPBC Act, and promoting Australia as a renewable energy exporter by 2030. The response integrates corporate partnerships and traditional owner knowledge to future-proof landscapes against a warming climate.
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Document type: Report
A legal revolution for the rights of nature
The author advocates for a 'legal revolution' to address the climate and environmental crisis by granting legal personhood to species and ecosystems. This approach aims to replace the current system, where nature is treated as an object for exploitation, with a framework that recognizes planetary boundaries and holds corporate executives accountable through the criminalization of ecocide. The text highlights the work of the non-profit Notre Affaire à Tous in mobilizing citizens and pursuing legal action, such as the Affaire du Siècle, to force state accountability.
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Document type: Statement
Approaches to Precaution Application within the EU and WTO
The document analyzes the divergence between the EU and WTO regarding the precautionary principle (PP), highlighting that the EU treats it as a constitutional legal principle while the WTO incorporates elements of precaution implicitly and restrictively. It argues that the EU's framework provides superior environmental protection by allowing for permanent measures, a broader interpretation of scientific uncertainty, and the inclusion of societal risk tolerance. The briefing concludes that the UK must retain its EU-inherited approach to precaution to resist deregulatory pressure from trading partners.
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Document type: Briefing
COMMENTS ON THE BACKGROUND INFORMATION DOCUMENT FOR ESKOM’S APPLICATION FOR ALTERNATIVE LIMITS TO THE MINIMUM EMISSION STANDARDS (MES) FOR THE MEDUPI AND MATIMBA POWER STATIONS
The Life After Coal campaign, comprising the Centre for Environmental Rights (CER), groundWork, and Earthlife Africa Johannesburg, submitted formal objections on 29 January 2020 to Eskom's applications for alternative emission limits at the Medupi and Matimba power stations. The campaign argues that the applications are procedurally and substantively unlawful, violate the South African Constitution and environmental laws, and rely on a flawed air quality modelling approach in a priority area already suffering from poor air quality.
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Document type: Statement
ONDE ESTAMOS NA IMPLEMENTAÇÃO DO CÓDIGO FLORESTAL?
The report provides a detailed 'radiography' of how Brazilian states are implementing the 2012 Forest Code. It identifies the analysis and validation of the CAR as the primary bottleneck and notes that while some states like Espírito Santo, Mato Grosso, and Pará have made significant progress, others remain severely delayed in regulating and operationalizing the PRA. The document also highlights the role of the Brazilian Forest Service (SFB) in developing technological tools to scale these processes.
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Document type: Report
INTERNATIONAL SILENCE OF THE SNARES
The report details a widespread snaring crisis in Southeast Asia, particularly in Cambodia, Lao PDR, and Viet Nam, where an estimated 12.3 million snares exist in protected areas. These indiscriminate traps threaten over 700 mammal species and disrupt critical ecosystem services like seed dispersal and nutrient cycling. The document links snaring to increased zoonotic disease risk due to the handling of high-risk taxa and highlights the role of urban demand for wildlife meat. It argues that current legal frameworks are insufficient, often lacking clear definitions of snares or penalties for possession, and recommends strengthening legislation, increasing ranger densities, and partnering with indigenous peoples to combat the crisis.
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Document type: Report
Prístup k spravodlivosti vo veciach životného prostredia v Slovenskej republike
The document serves as a guide for the public, NGOs, and legal professionals on how to exercise the right to environmental justice in Slovakia. It details the three pillars of environmental democracy—access to information, public participation in decision-making, and access to justice—explaining how these are implemented through the Aarhus Convention and EU directives. The manual specifically outlines Slovak national laws, such as the Administrative Court Procedure Act, and provides practical instructions on filing lawsuits, appealing decisions, and utilizing international remedies like complaints to the European Commission.
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Document type: Guide
MOHD. SALIM V. STATE OF UTTARAKHAND AND OTHERS
The Uttarakhand High Court declared the Ganges and Yamuna rivers as living entities with legal rights, appointing state officials as guardians. However, the Supreme Court of India stayed this order, citing impracticality and jurisdictional overreach.
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Document type: Case study
Environmental activists' access to EU Court by breaking the law
The commentary analyzes Case C-616/17, where the Court of Justice of the European Union (CJEU) ruled that the EU Pesticides Regulation did not commit a manifest error of assessment regarding the precautionary principle. While the court clarified that competent authorities must conduct independent and transparent health risk assessments, the author argues that the case illustrates a systemic failure in EU law: environmental NGOs and individuals often cannot challenge EU measures directly under Article 263 TFEU and may only gain access to the CJEU by infringing laws to trigger national criminal or civil proceedings.
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Document type: Legal commentary
DECRETO NO 9.760/2019 ALTERA REGRAS DE CONVERSÃO DE MULTA AMBIENTAL EM PRESTAÇÃO DE SERVIÇOS AMBIENTAIS
The document examines the regulatory evolution and specific modifications of Decree No. 9,760/2019 regarding the conversion of environmental fines in Brazil. It highlights the expansion of eligible environmental services, new discount structures based on the timing of the request, and the inclusion of for-profit entities in project execution. However, it also notes the revocation of the National Advisory Chamber and the removal of rules linking converted funds to specific projects, concluding that further complementary norms are required for full implementation.
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Document type: Briefing
Taking stock - are TACs set to achieve MSY?
The report finds that progress toward ending overfishing by 2020 has been too slow, with a majority of agreed TACs for 2019 still exceeding scientific advice. It highlights a systemic lack of ambition for stocks subject to precautionary advice and those classified as bycatch, while identifying specific Member States—including France, Ireland, and Spain—as frequent advocates for unsustainable catch limits. The document also criticizes the lack of transparency in the TAC-setting process and the potential for misleading reporting by the European Commission.
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Document type: Report
APPEAL IN TERMS OF S43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, OF THE PROVISIONAL AEL ISSUED TO THABAMETSI POWER COMPANY (PTY) LTD - AEL/LP/TPC/09/10/2018
This document is a cover letter from the Centre for Environmental Rights, sent on 30 October 2019 to the Minister of Environment, Forestry and Fisheries, submitting an appeal on behalf of Earthlife Africa and groundWork. The appeal seeks to set aside a provisional atmospheric emission licence (PAEL) issued to Thabametsi Power Company (Pty) Ltd.
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Document type: Statement
Stop the Attack on Public Lands – Statement of Principles
Mighty Earth opposes the Trump administration's removal of protections from millions of acres of US public lands and waters, warning that companies engaging in extractive activities in these areas face risks of stranded assets, legal challenges, and public backlash. The statement calls for companies and banks to adopt policies against new or expanded commercial activity on protected or formerly protected federal lands.
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Document type: Statement
CONGRESSO NACIONAL APROVA ALTERAÇÕES AO CÓDIGO FLORESTAL
The document examines Law 13.887/2019, which modifies the Brazilian Forest Code to provide greater legal certainty for the CAR and PRA. Key changes include making the CAR a permanent registry while setting a December 31, 2020, deadline for registration to maintain eligibility for flexible regularization rules under the PRA. It also notes that agricultural credit remains tied to CAR registration as of December 31, 2018, and highlights potential legal tensions regarding the federal government's ability to implement a national PRA if states fail to do so by the end of 2020.
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Document type: Briefing